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EEA Nationals/dual irish-Uk citizen/worker
a different result from McCarthy, as in this case the husband had worked.
this is an immigration case, but i anticipate you will all find it useful in a benefits context….
Very useful indeed, I did argue, just yesterday on another forum, that the barrier in McCarthy’s case was the fact she never exercised treaty rights. In that particular scenario it was an A8 citizen married to a UK citizen and going through a divorce. They have 2 kids in education. My argument was that, if the children were dual citizens of EU member states, then the mother, the A8 citizen, has a right to reside based on being the primary carer of a “child in education” as she had previously exercised treaty rights.